New Mexico Statutes

N.M. Stat. § 9-8-4 (2026)

Authority established.

✓ current as of May 2026
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The "health care authority" is created in the executive branch. The authority is a
cabinet department and consists of:

   A. the office of the secretary of health care authority;

   B. the administrative services division;

   C. the information technology division;

   D. the behavioral health services division;

   E. the developmental disabilities division;

   F. the health improvement division;

   G. the medical assistance division;

   H. the state health benefits division;

   I. the child support enforcement division; and

   J. the income support division.
History: 1978 Comp., § 9-8-4, enacted by Laws 1977, ch. 252, § 4; 1981, ch. 88, § 2;
2005, ch. 110, § 5; 2007, ch. 325, § 3; 2023, ch. 205, § 4; 2024, ch. 39, § 4.

                                    ANNOTATIONS

Cross references. — For executive cabinet, see 9-1-3 NMSA 1978.

For public assistance generally, see Chapter 27 NMSA 1978.

For human rights generally, see Chapter 28 NMSA 1978.

For veterans’ services, see Chapter 9. Article 22 NMSA 1978.

For delinquent, abused and neglected children, see 32A-2-1 to 32A-2-33 and 32A-4-1 to
32A-4-34 NMSA 1978.

For adoption generally, see 32A-5-1 to 32A-5-45 NMSA 1978.

For the Mandatory Medical Support Act, see 40-4C-1 NMSA 1978 et seq.

The 2024 amendment, effective July 1, 2024, changed references to the health care
authority department to the health care authority, and removed a provision referencing
the health care authority department; in the section heading, added "Authority";
redesignated former Paragraphs A(1) through A(10) as Subsections A through J,
respectively; deleted "department" throughout the section; and deleted Subsection B.

Temporary provisions. — Laws 2024, ch. 39, § 131 provided:

A.    On July 1, 2024:

(1)     functions, employees, money, appropriations, records, equipment and other
property of the department of health pertaining to the developmental disabilities
supports division, health improvement division and health facility licensing and
certification bureau are transferred from the department of health to the health care
authority;

(2)    all contractual obligations pertaining to the developmental disabilities supports
division, health improvement division and health facility licensing and certification
bureau shall be deemed to be contractual obligations of the health care authority; and

(3)    statutory references to the developmental disabilities supports division, health
improvement division and health facility licensing and certification bureau or other
functions transferred from the department of health to the health care authority shall be
deemed to be references to the health care authority.
B.     On July 1, 2024, functions, employees, money, appropriations, records,
equipment and other property of the office of the superintendent of insurance pertaining
to the administration of the health care affordability fund are transferred to the health
care authority. Contractual obligations of the office of the superintendent of insurance
pertaining to the health care affordability fund shall be deemed to be contractual
obligations of the health care authority.

The 2023 amendment, effective June 16, 2023, changed the name of the humans
services department to the health care authority department, reorganized the
department, adding four new divisions; in Subsection A, deleted "There is created in the
executive branch"; after "The", deleted "human services" and added "'health care
authority'"; after "department", added is created in the executive branch"; after "cabinet
department and", deleted "shall consist of, but not be limited to, six divisions as follows";
deleted former Paragraphs A(1) through A(6); and added new Paragraphs A(1) through
A(10); and in Subsection B, after "referring to the", deleted "human services" and added
"health care authority".

The 2007 amendment, effective June 15, 2007, added Paragraphs (3) through (5) of
Subsection A and added Subsection B.

The 2005 amendment, effective June 17, 2005, created the information technology
division within the human services department.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Welfare Laws §§ 45 to
82.

Construction and application of state social security or unemployment compensation as
affected by terms of Federal Social Security Act or judicial or administrative rulings
thereunder, 139 A.L.R. 892.

43 C.J.S. Infants §§ 31, 32.
Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: Counseling Ctr., Inc. v. N.M. Human Servs. Dep't, 429 P.3d 326 (N.M. Ct. App. 2018).
Counseling Ctr., Inc. v. N.M. Human Servs. Dep't, 429 P.3d 326 (N.M. Ct. App. 2018). · cites it 2× “See NMSA 1978, § 9-8-2 (1977) ; NMSA 1978, § 9-8-4(A)(3) (2007). The Human Services Department Act requires HSD to contract for behavioral health treatment and support services for New Mexicans.”
— N.M. Stat. § 9-8-4(A)(3) — 1 case
Counseling Ctr., Inc. v. N.M. Human Servs. Dep't, 429 P.3d 326 (N.M. Ct. App. 2018). “See NMSA 1978, § 9-8-2 (1977) ; NMSA 1978, § 9-8-4(A)(3) (2007). The Human Services Department Act requires HSD to contract for behavioral health treatment and support services for New Mexicans.”
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